May not be in the correct forum, Mods it needs an idea of both legal and more importantly, DWP. 1. I have DLA awarded since 2008, Mob - High, Care - Low. 2. In 2015 I was run over by a car driver unhappy in having to wait for me to cross the road (slowly) on my crutches. 3. I sued the driver who was convicted of a host of offences. 4. I wasn't awarded anything under CICB payments, I had to sue him myself. 5. The Drivers Insurers have now offered a take it or leave it sum. 6. I know my Solicitor will have to complete a CRU 7. I have searched the net for days for the rulings, appeals etc and have not found the answer which differs from my Solicitors (who I do not believe knows the subject) opinion that the CRU will deduct 38 months of my DLA. 8. Had the accident not happened, I would still have claimed DLA as my disability/qualification was assessed nearly 8 years before on a separate matter. 9. I am on operation 38 for my disability, I will never get better and will die with the same problem. Deduction of my DLA under the CRU would be unjust, wouldn't it? 10. Can I prevent the deduction, using case law, or the rule with respect to my circumstances, or do I have to swallow the loss of money that could have really help me buy new items, not cast-offs to help my disability? Any authoritative response would be most welcome. Thank you

hi My husband had an accident in dec 2009. The medical expert say my husband would of became disabled after 1 year regardless of his accident so my husbands accident claim was just for one year which was december 2009 until december 2010. He has been given loss of earnings for that period only plus the other compansation parts from expenses, mobility etc covered one year only. We were happy with that and the DWP only wanted the benefits paid to him in that year period which was dla from sep 10 - dec 10, and Industrial injuries from july 2010-dec 2010. They didnt want any esa back as that wasnt claimed until Feb 2011. However just before the claim was settled while we were exchanging offers a week before court the CRU came back and said they wanted the IIDB back from July 10 until October 2013. I argued this with the solicitor but was told it would be paid regardless and we would have to try and claim it back ourselves from the DWP as court date was looming. I thought that would be ok so once everything was settled i sent a letter explaining that as my husband was entitled to full ESA for the dates and the IIDB was taken out that i found it unfair that the IIDB could be taken back but rather it should of been offset by the ESA we would then be underpaid. I also explained that my husband had not been compensated for 2011, 2012 and 2013 so we shouldnt of had to pay benefits back from this time. I dont seem to be getting anywhere. Am i right in the way i am thinking? thanks